When will paper work books be cancelled? Prospects for the use of work books in Russia. What will the abolition of work books lead to. Employer's perspective

The beginning of the year surprises Russians with an endless series of socio-economic and political news. The attitude of citizens to what is happening cannot be called unambiguous, certain news items cause frank negativity, and some - bewilderment. A clear misunderstanding was caused latest news on the abolition of work books in 2017 in Russia, the shortcomings of this reformist project are noted not only by ordinary inhabitants, but also by lawyers engaged in the field labor relations.

Who and why decided to cancel labor

Back in April last year, the Cabinet of Ministers submitted a draft on changes to labor law. But with a note that it will still affect small enterprises of an individual business orientation. There should be no more than 15 employees in such a company. Filling out and maintaining work books for such enterprises is not necessary. So, cancellation of work books in 2017, order, in particular, provides in this part not only the abolition of labor, but also the need to create local acts at micro-enterprises that regulate these aspects of labor relations with hired workers. And the document that, in fact, will replace, will be the established standard form labor contract or contracts. Thereby, The draft law will fit perfectly into the framework of the new pension system, when the responsibility for working years of employees and the formation of their pension account will be assigned almost entirely to the employer, excluding only that side of the matter when a citizen does not work at all.

This issue also has a technical side of the matter. Namely, we are talking about the creation and formation of a single electronic or digital database, where all information about the work periods of the employee and deductions to extra-budgetary funds will flow. Thus, while in theory, the essence of this labor innovation looks like.

Consequences of the law: positive and negative points

In order to fully understand the complexities and possible consequences of this innovation in the field of labor relations, the following points are noted:

• Needimprovement of information bases and personal information protection systems;
• Possibility archiving data electronically will significantly reduce the costs of creating documentary paper archives;
• The paperwork process itself will also be abolished, which will reduce the staffing of the personnel department.

As for the interconnection with the new pension legislation, according to its provisions, the length of service does not matter for the calculation of pension payments, and only the periods of insurance payments are important.

In fact, cancellation of work books in 2017 pursues purely good goals in relation to the employees themselves, and this reform should protect micro-enterprises from violations of the law in terms of labor relations.

Despite the visible positive aspects of the bill, the issue of creating electronic databases remains relevant, and the agency that will manage the databases has not yet been decided. The possibility of employers' access to them is also not yet thought out, as well as information security systems. As for reducing the costs of maintaining documentary archives, the costs of creating a new storage and data generation system will also require considerable funds.

Review of authoritative opinions

The fact that the labor is the only document that allows the employee to prove the fact of his labor activity, and causes such conflicting opinions about its cancellation.

Lawyers famous companies the news is interpreted from the point of view of the assertion that the work book is losing its significance for the state, thus, the document is also losing its confirming value. In other words, if entries in the labor work are not confirmed by personal accounts indicating the fact of transferring funds to funds in the same period, then the entry indicating the fact of work will not be valid.

Thus, from the point of view of jurisprudence, the work book has lost its meaning. Its significance is preserved only in the minds of the inhabitants, which causes the fear of unprovable experience in the future.

A work book is one of the fundamental documents of any citizen. The document is maintained at each enterprise, provided that the worker carries out his activities for 5 working days or more. However, many are interested in the main question: “Will the work books in Russia, and if so, when will it happen?” When will employment records become electronic? Could this happen in 2019? Let's figure it out.

Latest news about the abolition of work books 2019

The government will submit a draft law on electronic work books to the State Duma in the spring session, writes Parliamentary Newspaper. This was stated to the deputies by the head of the Ministry of Labor Maxim Topilin during the "government hour"

According to Maxim Topilin, on the draft law on electronic work books, "all positions have already been agreed with social partners." Different demands of trade unions and employers are taken into account. He noted that there are still a number of unresolved issues under the document, but until the end spring session The government is going to introduce a bill. The initiative has already been considered by the Presidential Administration.

As part of the “government hour”, the head of the Ministry of Labor spoke in the State Duma about improving the pension system, implementing state policy in the field of social protection of the population, as well as on the measures taken by the government to improve the standard of living and income of citizens, to promote employment.

History of work books

The above document has its own history and has gone through a number of transformations. The work book first appeared back in 1918 in accordance with the decision of the Code of Labor Laws of the Russian Soviet Federative Socialist Republic (Labor Code of the RSFSR). From that moment on, any worker was required to have a work book with him. The system for maintaining and issuing a document was almost the same. A regulation was introduced on the rules for its conduct. And no one even imagined further activities with the abolition of work books.

Later, the Council of People's Commissars (SNK RSFSR) introduced a decree "On work books for non-working people." Now, for citizens who could not carry out activities (temporarily), work books were introduced. Their official uniform was established. The document was used as an identity card, instead of the usual passports.

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At the beginning of 1939, the Council introduces a single sample of work books. It was used throughout the entire Soviet Union. A decree was developed on the procedure for maintaining the document.

The regulations have been changed many times. So, in 1973, the procedure for conducting labor was again changed by a new decree. It was valid for a long time, until December 2003. In 1975, the work book of a collective farmer appears. It was provided to workers of certain categories engaged in their activities in agriculture.

Then no one could have thought that work books could be canceled in 2019. However, the Decree of the Government of the Russian Federation on a new form of maintaining a document and the rules for issuing it, which arose in early 2004, continues to be valid to this day. So is it worth it to panic about this? Perhaps this is just widespread misinformation?

Will work books be canceled in 2019?

This question is on the lips of many citizens and the media. It all started with the economic and technological transformations that Russia has been going through for decades now. A powerful impetus to the emergence of this issue was the multiple changes in the Labor Code Russian Federation– first in 2006, and six years later (in 2012). We discussed this topic long and hard. Until 2016, when the final verdict was issued on the need for selective abolition of work books in Russia. This was especially true for small businesses.

So, on April 20, 2016, a draft Federal Law “On Amendments to the Labor Code of the Russian Federation with regard to the specifics of regulating the labor of persons working for employers - small businesses that are classified as micro-enterprises” appeared. The project was considered by the State Duma. And the result of its adoption was a new chapter in Labor Code.

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In the course of its discussion, 5 editions of the draft of the introduced chapter were studied at once:

• edition No. 1 dated October 09, 2015,
• revision No. 2 dated April 20, 2016,
• edition No. 3 dated May 13, 2016,
• edition No. 4 dated June 14, 2016,
• revision No. 5 dated June 22, 2016.

All of them differ from each other. So in No. 1-2 - some information about the worker might not be recorded in his work book, and at the first official employment, the employee could carry out activities without it at all (the document simply did not start). But this was carried out only with the consent of both parties to the employment contract. And the actual date the worker entered the performance of his duties and his subsequent dismissal was fixed only in the labor agreement. Later, in editions Nos. 3-5, all these items were canceled.

Situation for the current year 2019

On July 3, 2016, the Federal Law “On Amendments to the Labor Code of the Russian Federation with regard to the specifics of regulating the labor of persons working for employers - small businesses that are classified as micro-enterprises” is adopted. The beginning of its official action is January 1, 2017. Why this particular date? Because, it was decided to consider the law valid after 180 days from the date of its actual adoption.

The law states that the previously established procedure for maintaining work books continues to apply to employers. Entries are recorded in the document for those citizens who continue their activities at the enterprise for more than five working days.

However, the draft law on electronic labor books will be submitted to the State Duma in 2019 during the spring session. This was announced by the Minister of Labor and Social Protection of the Russian Federation Maxim Topilin as part of the “government hour”. Therefore, in 2019, there is a high probability that a law on the abolition of work books will be submitted to the Duma.

AT recent times the news about the possible abolition of work books from 2019 is being actively discussed. How is the situation today, is it possible, what are the reasons for such an innovation and who is its initiator.

Modern rules

Employment records in Russia have a long history. They were first introduced back in 1918 by the decision of the Soviet government. All citizens over the age of 16 were required to have such a document. Then he actually replaced the identity card. The only exceptions were rural residents, who did not receive full-fledged documents until 1976 (with a number of exceptions). Without work books, people were not given cards for food and essential goods.

Currently, according to the current legislation, all working citizens of the Russian Federation must have work books. They include information about the place of work, position, length of service, education and specific activities of each employee. In particular, official reprimands, encouragement, gratitude and reasons for dismissal are required. Without this document, it is difficult to apply for a pension and receive social benefits. When moving from one job to another, the employer, as a rule, requires the applicant to present a work book in advance. It is considered as the main and most reliable source of information about the employee.

In 2004, the government of the Russian Federation introduced a new type of work book into circulation instead of the old Soviet ones. It is believed that they are better protected from counterfeiting due to the special firmware of the document. There are quite strict rules for registration of work books. In particular, they must be filled out only by hand with a blue or black ink pen and certified with round, so-called. "armorial" seals of the organization. Documents must be kept in a special safe at the employer. If this document is lost or damaged, then in order to restore it, a citizen must apply to all organizations where he previously worked. If these institutions no longer exist, then the relevant periods of time are excluded from the professional experience.

Employees of the personnel and accounting departments who are involved in filling out these documents often make certain mistakes in them. Numerous cases are known when employees of the Pension Fund of Russia refused to take into account the length of service of citizens on the basis of the absence of entries in the work book. In addition, there are numerous nit-picking about its design (fuzzy prints, blots, unacceptable abbreviations, corrections made with ink of the “wrong” color, etc.). In such cases, the length of service of the employee is not taken into account in part or in full, which leads to litigation.

When will employment records be cancelled?

The discussion about the abolition of work books in their traditional form has been going on since the 1990s. Their proper design and storage require significant costs. Outside of Russia, similar documents are almost never used. In developed countries, pensions are usually calculated on the basis of cash (insurance) contributions that a citizen pays to public or private pension funds.

In 2001, the Pension Fund of Russia began to receive information about all working citizens directly from employers. This information includes insurance premiums paid on behalf of each employee, as well as relevant seniority and position information. Now all this information is transmitted electronically. In this regard, the Russian government has prepared a draft law on the abolition of paper work books and the transition to electronic (virtual) documents from the beginning of 2019.

An alternative version, which is also being discussed in the government, involves the transition to an electronic document from the beginning of 2020. This will avoid many of the above problems with paper documents, and in the future will significantly reduce bureaucratic costs. It is possible that virtual work books will be added to the personal profiles of citizens on the official Internet portal of public services www.gosuslugi.ru.

On the other hand, a significant part of the Russian population began their labor activity before 2001. Thus, traditional documents (including those of the Soviet type) remain the only source of information about employment, length of service, and specifics of work for this category of citizens. Representatives of the relevant Ministry of Social Protection of the Russian Federation say that a quick transfer of all the necessary information into an electronic format is hardly possible. It will also require huge costs on the part of employers and public authorities.

The majority of the country's population is still wary of the introduction of electronic documents. Numerous errors are found in pre-existing databases. Therefore, the complete abolition of work books in 2019, most likely, will not happen. It can be assumed that new electronic and old paper documents will co-exist in the near future.

The President of Russia signed Federal Law No. 348-FZ dated July 3, 2016 “On Amendments to the Labor Code of the Russian Federation with regard to the peculiarities of regulating the labor of persons working for employers - small businesses that

They talk about the abolition of work books, if not annually, then with enviable regularity. So, in the spring of this year, the Government of the Russian Federation submitted a bill to the State Duma for consideration, which was supposed to abolish this personnel document for micro-enterprises (micro-enterprises, as you know, are considered organizations where no more than 15 people work in the state). The initiators considered that work books are an anachronism and it is time to phase them out. However, the highest legislative body of state power did not agree with this opinion, and it was decided to keep the work books.

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This summer, the President of Russia signed Federal Law No. 348-FZ dated July 3, 2016 “On Amendments to the Labor Code of the Russian Federation with regard to the specifics of regulating the labor of persons working for employers - small businesses that are classified as micro-enterprises”.

Innovations for microenterprises

The federal law approved a new chapter 48.1 of the Labor Code of the Russian Federation, or rather, small chapters, which include two articles - 309.1 and 309.2. It would seem that there are not so many changes, but they greatly simplified the requirements for personnel office work at micro enterprises.

So, their specialists will conduct a much smaller number personnel documents However, the employment contracts they conclude with employees should be more meaningful and more complex, as well as have a unified form.

It is important to note that the Government of the Russian Federation has already approved by Decree of the Government of the Russian Federation of August 27, 2016 No. 858 (The document begins to be valid on January 1, 2017) a standard form of employment contracts for micro-enterprises that want to use the right given to them on the basis of Art. 309.2 ch. 48.1 of the Labor Code of the Russian Federation.

A few words about the approved standard form of an employment contract

The standard form of an employment contract, in the opinion of the Government of the Russian Federation, must include several options for filling in the mandatory terms and conditions. This option will create the possibility of flexible regulation of labor relations at a particular micro-enterprise, where there is a specific activity. Moreover, with a standard document, the employer will be able to take into account all the important nuances and features that are associated with the performance of the duties of specific employees on an individual basis.

So, in addition to working conditions, job functions, place of work and possible probationary period, it is possible to include in the standard form of the contract additional terms, such as: the location of a specific workplace or an indication structural unit in which the worker is to work.

The standard form also contains criteria for special working conditions for home-based and remote employees. In particular, by filling out these special conditions, the employer can fix the obligation of the employee to exchange data on e-mail or through the use of the Internet. In addition, you can specify the timing for sending reporting data and for a remote employee to go online to communicate with the employer.

The standard form affects the rights and obligations of both the employer and the employee. For the employee, it spells out the right to receive timely and in full wages, the right to rest, the obligation to comply with the labor schedule, working hours, the use of rest days and other nuances.

In relation to the employer, in the standard form, his right to terminate the employment contract, the obligation to ensure labor safety and compliance with labor standards, other important points.

In addition to all of the above, the standard form of the contract contains clauses on remuneration (payment terms and wages of a particular employee). It establishes a working time schedule, which can be either standard for everyone or considered on an individual basis, and the employee’s rest time is indicated, as well as the conditions for labor protection, social insurance and other guarantees.

Our opinion

Perhaps, if 2-3 people work in a company related to the microstructure, it will be more logical and easier to use the new right and regulate labor Relations employment contract in a standard form. If at least 10 people are subordinate to the employer, it is still not worth abandoning local regulations.

The new standard form of an employment contract will enter into force on January 1, 2017, at the same time Chapter 48.1 of the Labor Code of the Russian Federation will enter into force, or rather, 180 days from the date of the official publication of Federal Law No. 348-FZ of July 3, 2016.

Much controversy and concern have been caused by recent proposals to abolish work books. How now to take into account the length of service, display career ups and much, much more. To dispel the most common fears and doubts, we asked a specialist in labor law Elena Gerasimova.

Hello, Elena.

Hello.

Possibly already in next year work books will be canceled, but so far this is an initiative. Let's first talk about what it is connected with and what are the main pros and cons?

In fact, not even next year, but after a longer time. That is, it is assumed that there will be such a transitional period when work books will not be mandatory, and in the future, somewhere in 12-15 years, the final abolition of work books will finally happen, by 2025 approximately. And in the interim, books will be kept at the request of the employee. At the moment, there are many technical issues, for example, in which the work book interferes, or at least it is very inconvenient to conduct labor relations with it. For example, sometimes it happens that the employer, knowing that the work book is obligatory, threatens the employee, manipulates the employee, demanding something from him, threatens that, and I will make a bad record of dismissal under the article in the work book, like this we are called, that is, about dismissal on a guilty basis. With the disappearance of the work book, for example, such an opportunity will disappear.

And what will happen instead of a work book?

According to the Ministry of Health, for several years, work has been carried out to develop a single electronic system that would make it possible to combine data from both the Pension Fund and the Social Insurance Fund, and, as far as I understand, the data from the State tax office, which just contains information about the amount of wages. And this integration into a single database will allow us to solve those issues for which a work book was needed.

Let's assume this is the situation. The employer, as often happens, has sunk into oblivion, and the person who worked for him cannot prove this fact in any way. What should he do?

If the question of how to prove an employment relationship arises after the cancellation of the work book, in fact nothing will change for a person, because in the same way the obligation remains and will remain forever and, I hope, in the Labor Code, the obligation to conclude an employment contract with an employee in two copies, one of which must be transferred to the employee, and draw up other documents on work: an order for employment, all orders that record changes in the status of an employee, an order for dismissal.

And how will they pay without work books sick leave, calculate pensions, calculate all kinds of allowances, and so on?

If it seems to be possible with pensions at the moment even under the current system, electronic system, with the current system of personalized pension accounting to calculate the amount of pensions, the situation with benefits today is more complicated. For now, these benefits are paid by the employer. Now, if there is a transition to this single electronic system, which will collect information from all state funds that keep records and receive reports from employers, if this information is accumulated in one place, then the Social Insurance Fund will be able to move to calculate these allowances yourself.

Information about awards, titles, for example, "Veteran of Labour", is also entered into the work book. What will happen to this information?

You just have to confirm this with primary documents, what is called, yes. That is, if this is, say, some kind of bonus or declaration of gratitude, then an order to declare gratitude at the place of work, on the assignment of various titles, is also the relevant documents. Another thing is that you will need to collect these orders quite carefully all your life, employment contracts, orders about everything. About everything, about everything, it seems to be quite a difficult task. And the main recommendation is to keep your work book always even after they are canceled, they will become optional there for some quite a long time in the most unforeseen situations, it seems to me that the work book can still come in handy.